Agenda for August 14, 2018 San Francisco Port Commission Meeting

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SAN FRANCISCO PORT COMMISSION

Kimberly Brandon, President
Willie Adams, Vice President
Gail Gilman, Commissioner
Victor Makras, Commissioner
Doreen Woo Ho, Commissioner

Elaine Forbes, Executive Director    Amy Quesada, Commission Affairs Manager
Office: 415-274-0400    Office: 415-274-0406

AGENDA
PORT COMMISSION MEETING

TUESDAY, AUGUST 14, 2018
2:30 P.M. CLOSED SESSION
3:15 P.M. OPEN SESSION

PORT COMMISSION HEARING ROOM, SECOND FLOOR
FERRY BUILDING, SAN FRANCISCO, CA 94111

The Port Commission Agenda as well as Staff Reports/Explanatory Documents available to the public and provided to the Port Commission are posted on the Port’s Website at www.sfport.com. The agenda packet is also available at the Pier 1 Reception Desk. If any materials related to an item on this agenda have been distributed to the Port Commission after distribution of the agenda packet, those materials are available for public inspection at the Port Commission Affairs Manager’s Office located at Pier 1 during normal office hours.

•    CALL TO ORDER / ROLL CALL

•    APPROVAL OF MINUTES – June 25, 2018 and July 10, 2018

3.    PUBLIC COMMENT ON EXECUTIVE SESSION

4.    EXECUTIVE SESSION

•    Vote on whether to hold a closed session and invoke the attorney-client privilege.

•    CONFERENCE WITH LEGAL COUNSEL AND REAL PROPERTY   NEGOTIATOR – This is specifically authorized under California Government Code Section 54956.8. *This session is closed to any non-City/Port representative: (Discussion Item)

a.    Property: Railyard an approximately 455,416 square feet of land which comprises the Port’s Intermodal Container Transfer Facility (ICTF) including approximately 2,500 square feet of land for an office trailer, bounded by Cargo Way and Amador Street

Person Negotiating: Port: Peter Dailey, Deputy Director, Maritime, Brendan O’Meara, Maritime Marketing Manager; Byron Rhett, Chief Operating Officer

*Negotiating Parties: David Gavrich, President of San Francisco Bay Railroad, Michael Caprio, Area President, West Republic Services, Richard Normand Jr., Area Director Business Development, West, Republic Services

Under Negotiations: ____Price _____Terms of Payment  X  Both
An executive session has been calendared to give direction to staff regarding real estate negotiations for a proposed lease amendment to Lease No L-14397 and transfer for Port property located at the Port’s Intermodal Container Transfer Facility bounded by Cargo Way and Amador Street. In this Executive Session, the Port’s negotiators will seek direction from the Port Commission regarding price and terms of payment, rent structure, improvements, rent credits and other factors affecting the form, manner and timing of payment of the consideration for the lease amendment in order to enhance the capacity of the Port Commission during its public deliberations and actions to set the price and payment terms that are most likely to maximize the benefits to the Port, the City and the People of the State of California.

b.    Property: SWLs 323 and 324 and the two adjacent street stubs (Paper Streets), located at Broadway Street and The Embarcadero
Person Negotiating: Port: Byron Rhett, Deputy Director, Planning and Development
*Negotiating Parties: Developer: TZK Broadway, LLC and Teatro ZinZanni: Darius Anderson

Under Negotiations: ___Price ___ Terms of Payment    X  Both
Pursuant to Resolution 15-31, the Port Commission awarded to the non-Port party an exclusive right to negotiate with the Port for the lease and development of the property.  In this executive session, the Port’s negotiator seeks direction from the Port Commission prior to commencing additional negotiations with the non-Port party.  The Port intends to discuss the factors affecting the price and terms of payment for the lease and development of the property.  In particular, the executive session discussions will enhance the capacity of the Port Commission during its public deliberations and actions to endorse the term sheet being proposed for addressing price and payment terms that are most likely to maximize the benefits to the Port, the City and the People of the State of California.

5.    RECONVENE IN OPEN SESSION

A.    Possible report on actions taken in closed session pursuant to Government Code Section 54957.1 and San Francisco Administrative Code Section 67.12.

B.    Vote in open session on whether to disclose any or all executive session discussions pursuant to Government Code Section 54957.1 and San Francisco Administrative Code Section 67.12.

6.    PLEDGE OF ALLEGIANCE

7.    ANNOUNCEMENTS

•    Announcement of Prohibition of Sound Producing Electronic Devices during the Meeting: Please be advised that the ringing of and use of cell phones, pagers and similar sound-producing electronic devices are prohibited at this meeting. Please be advised that the Chair may order the removal from the meeting room of any person(s) responsible for the ringing of or use of a cell phone, pager, or other similar sound-producing electronic device.

•    Announcement of Time Allotment for Public Comments: Please be advised that a member of the public has up to three minutes to make pertinent public comments on each agenda item unless the Port Commission adopts a shorter period on any item.

8.    PUBLIC COMMENT ON ITEMS NOT LISTED ON THE AGENDA

Public comment is permitted on any matter within Port jurisdiction and is not limited to agenda items. Public comment on non-agenda items may be raised during Public Comment Period.  A member of the public has up to three minutes to make pertinent public comments. Please fill out a speaker card and hand it to the Manager of Port Commission Affairs. If you have any question regarding the agenda, please contact the Manager of Port Commission Affairs at 415-274-0406. No Commission action can be taken on any matter raised during the public comment period for items not listed on the agenda other than to schedule the matter for a future agenda, refer the matter to staff for investigation or respond briefly to statements made or questions posed by members of the public. (Government Code Section 54954.2(a))

9.    EXECUTIVE

•    Executive Director’s Report
•    U.S. Army Corps of Engineer’s Lieutenant General Todd T. Semonite’s
Visit to the Port – July 25, 2018
•    Global Climate Summit – September 12-14, 2018 at Moscone Center South
•    Global Climate Summit Sculpture at the Port at Harry Bridges Plaza
•    Second Seawall Community Meeting – September 26, 2018 from 5:30-7:00 p.m. at the Exploratorium at Piers 15/17

•    Port Commissioners’ Report: Without discussion, at this time Commissioners may make announcements regarding various matters of interest to the Commissioner(s).

10.     CONSENT

A.    Request authorization to accept and expend a $80,000 grant from the
California Department of Parks and Recreation, Division of Boating &
Waterways, Surrendered and Abandoned Vessel Exchange Program to
allow for removal, storage and disposal of eligible surrendered and
abandoned vessels at the Port of San Francisco. (Resolution No. 18-44)

11.    PLANNING & ENVIRONMENT

A.    Request Port Commission endorsement of recommendations to prepare draft amendments to update the Waterfront Land Use Plan. (Resolution No. 18-45)

B.    Informational presentation on the Fisherman’s Wharf Community Benefit District  Retail Strategy report.

•    Informational presentation of the San Francisco Municipal Transportation Agency Embarcadero Enhancement Project.

12.    REAL ESTATE & DEVELOPMENT

A.    Informational presentation regarding the proposed development under the Exclusive Negotiation Agreement with TZK Broadway, LLC, for the lease and development of a 180-200 room hotel, a dinner-theater, a 14,000-square-foot public open space, and ancillary uses at Seawall Lots 323/324 and portions of unimproved Vallejo and Davis Street right-of-ways on the west side of The Embarcadero at Vallejo Street and the proposed first amendment to the Exclusive Negotiation Agreement.

B.    Informational presentation regarding Anchor Hospitality Group’s response to the Request for Proposals (RFP) for a Restaurant Opportunity at Pier 33½, located at Bay Street and The Embarcadero.

13.    ENGINEERING

A.    Request authorization to enter into an Federal Cost Share Agreement  with the United States Army Corps of Engineers San Francisco District for the San Francisco  Waterfront Storm Risk Management Project. (Resolution 18-46)

B.    Request approval to amend Contract No. 2790, Marine Structural Project IV, with Power Engineering Construction Co., to increase the contract amount by $3,211,575 to include the Pier 29 substructure repair scope of work, resulting in an amended contract amount of $10,045,000 and authorize a contract contingency fund of 10% ($1,004,500) for a total authorization of $11,049,500. (Resolution No. 18-47)

14.    NEW BUSINESS

15.    ADJOURNMENT

SEPTEMBER 11, 2018

FACILITY/POLICY

ITEM
TITLE
1
Portwide
Informational
Presentation from Harlan Kelly, Public Utilities Manager General Manager, on the PUC’s public benefits policy
2
India Basin
Informational
Update on the San Francisco Recreation and Park Department (RPD), Build, Inc., and the Office of Economic Workforce and Development (OEWD) India Basin project located at Innes Street between Earl and Griffith Streets; and presentation on: (1) the proposed Port consent to Development Agreement between the City and India Basin Investment, LLC, (2) the draft Compromise Title Settlement and Land Exchange Agreement for India Basin among the Port, India Basin Investment, LLC, and the State Lands Commission, (3) an Open Space Covenant regarding the India Basin lands subject to the public trust; and (4) a Memorandum of Understanding between the Port and RPD, DBI, PUC, and DPW
3
Portwide
Informational
Presentation regarding Port’s proposed public benefits policy
4
Southern Waterfront
Informational
Presentation on the Southern Waterfront Beautification Policy Fund
5
Former Pier 72
Informational
Presentation on the Potrero Power Station Special Use District Project, including the proposed shoreline parks located along the Port’s former Pier 72 lands
6
Jefferson Street
Informational
Presentation by the San Francisco Public Works Department regarding the Jefferson Street reconstruction from Powell to Jones Street
7
Pier 29
Action
Authorization to award construction Contract No. 2797, Pier 29 Utility Upgrade and Beltline Building Sewer Re-routing Project
8
Portwide
Action
Approval for a member of the San Francisco Port Commission to travel to Valparaiso, Chile on October 7-10, 2018 to attend the Annual Convention of the American Association of Port Authorities
9
100 Cargo Way
Action
Approval of three agreements relating to rail operations in connection with a sale of San Francisco Bay Railroad, Inc. (“SFBR”): (1) an amendment to Amended and Restated Lease No. L-14397 (“Lease”) between the Port of San Francisco and SFBR of the Intermodal Container Transfer Facility located at 100 Cargo Way to extend the term; (2) an equipment lease No. L-16372 of two locomotives to SFBR (including the Port’s new grant-funded locomotive) to replace the original locomotives lease No. 14502; and (3) an amendment to Rail Agreement No. L-14503 with SFBR to extend the term; all agreements to expire on December 31, 2033
10
Mission Bay
Action
Approval of a grant agreement between the Port of San Francisco and the Office of Community Investment and Infrastructure for funding for construction of Mission Bay Ferry Landing

SEPTEMBER 25, 2018

FACILITY/POLICY

ITEM
TITLE
1
Pier 27, Piers 30-32, Pier 35
Informational
Presentation of Cruise Strategy regarding Passenger Growth, Revenue Generation and Facility Capital Expenditures
2
Portwide
Informational
Update on the San Francisco Seawall Earthquake Safety and Disaster Prevention Program (Seawall Program)
3
Portwide
Informational
Presentation on the proposal to increase Port building permit application fees to match the Department of Building Inspection’s fee schedule
4
Portwide
Informational
Update on Material Changes to the Port’s Biennial Operating and Capital Budgets for Fiscal Year (FY) 2018-19 and FY 2019-20
5
Jefferson Street
Action
Approval of final design of Jefferson Street Phase 2 roadway reconstruction and changes to parking and loading per Port Harbor Code
6
India Basin
Action
Approval of India Basin project documents including: (1) the proposed Port consent to Development Agreement between the City and India Basin Investment, LLC, (2) the draft Compromise Title Settlement and Land Exchange Agreement for India Basin among the Port, India Basin Investment, LLC, and the State Lands Commission, (3) an Open Space Covenant regarding the India Basin lands subject to the public trust; and (4) a Memorandum of Understanding between the Port and RPD, DBI, PUC and DPW

OCTOBER 9, 2018

FACILITY/POLICY

ITEM
TITLE
1
Portwide
Action
Approval to increase Port building permit application fees to match the Department of Building Inspection’s fee schedule

DATE TO BE DETERMINED

FACILITY/POLICY
ITEM
TITLE
1
Portwide
Informational
Presentation regarding the Policy for the Extension of Long Term Leases
2
Piers 80-96
Informational
Presentation on the implementation of the Piers 80-96 Maritime Eco-Industrial Center Strategy
3
Portwide
Informational
Annual Update by the Mayor’s Office of Housing and Community Development
4
Portwide
Informational
Presentation from the San Francisco Municipal Transportation Agency regarding transportation issues on the waterfront and Embarcadero
5
Portwide
Informational
Presentation by the City of San Francisco’s Office of Economic and Workforce Development (OEWD) on the Southern Bayfront (Mission Bay, Central Waterfront, Bayview Hunters Point, Candlestick areas) interagency coordination to guide community and citywide investment
6
Portwide
Informational
Update on the City’s Resiliency Plan
7
Pier 29 Annex
Informational
Presentation regarding a Request for Proposals for a retail space located at Pier 29 Annex (Beltline Building) on the Embarcadero
8
Pier 22½
Informational
Periodic update on the Fireboat Station 35 Expansion at Pier 22½
9
Pier 43½
Informational
Presentation regarding the proposed term sheet with Golden Gate Scenic Steamship Corporation, located at Piers 43½ in Fisherman’s Wharf
10
Portwide
Informational
Update on WETA’s Strategic plan with a focus on the increase in passengers
11
Portwide
Informational
Update on the San Francisco Sea Level Rise Action Plan and Port Sea Level Rise Projects
12
Mission Bay
Informational
Update on the Mission Bay Ferry Landing Project
13
South Beach Harbor
Informational
Presentation of Financial and Operational Performance of South Beach Harbor
14
Portwide
Action
Approval to issue a Request for Proposals Soliciting As-Needed Hazardous Waste Transportation and Disposal Services
15
Crane Cove Park
Action
Authorization to award Construction Contract No. 2812, Park Improvements and 19th Street Parking Lot, to Gordon N. Ball, Inc. in the amount of $17,845,000, and authorization for a contract contingency fund of 10% of the contract amount (or $1,784,500) for unanticipated contingencies, for a total authorization not to exceed $19,629,500

SEPTEMBER  2018
CALENDAR OF UPCOMING PORT MEETINGS – OPEN TO THE PUBLIC

DATE
TIME
GROUP
LOCATION
SEPT. 11
2:00 PM Closed Session
3:15 PM Open Session
Port Commission
Port Commission Hearing Room
Ferry Building
SEPT. 25

2:00 PM Closed Session
3:15 PM Open Session
Port Commission
Port Commission Hearing Room
Ferry Building

NOTES:
The San Francisco Port Commission meets regularly on the second and fourth Tuesday of the month at 3:15 p.m., unless otherwise noticed. The Commission Agenda and staff reports are posted on the Port’s Website @ www.sfport.com. Contact Amy Quesada at 415-274-0406 or amy.quesada@sfport.com

Full Commission meetings are replayed on San Francisco cable via SFGovTV2 and streamed on the Internet. Broadband service is recommended for access. The Port Commission is generally broadcast on SFGovTV2, cable channel 78 on the 2nd & 4th Thursday of the month at 9 p.m. SFGovTV archives include a recording of each meeting, an agenda with links to the specific portion of the meeting, a file containing all closed captions for the deaf from the meeting and an MP3 recording of the meeting. The Port Commission meetings can be viewed online at http://sanfrancisco.granicus.com/ViewPublisher.php?view_id=92

The Fisherman’s Wharf Waterfront Advisory Group (FWWAG) meets regularly on a bi-monthly basis, on the third Tuesday of the month.  The regular meeting time and place is 9:00 a.m. at Scoma’s Restaurant, Pier 47 at Fisherman’s Wharf. Contact Rip Malloy @ 415-274-0267 or rip.malloy@sfport.com

The Maritime Commerce Advisory Committee (MCAC) meets every other month, on the third Thursday of the month, from 11:30 a.m. to 1:00 p.m. @ Pier 1. Contact Michael Nerney @ 415-274-0416 or  michael.nerney@sfport.com

The Mission Bay Citizens Advisory Committee meets on the second Thursday of the month at 5:00 p.m. in the Creek Room at Mission Creek Senior Building located at 225 Berry Street in San Francisco (along the Promenade just beyond the library.) Contact Hilde Myall @ 415-749-2468 or hilde.myall@sfgov.org. For matters related to the proposed Golden State Warriors Event Center, the main contact is Adam Van de Water at MOED Adam.VandeWater@sfgov.org

The Northeast Waterfront Advisory Group (NEWAG) meets regularly on a bi-monthly basis on the first Wednesday of the month from 5:00 p.m. to 7:00 p.m. in the Bayside Conference Room @ Pier 1. Contact Diane Oshima @ 415-274-0545 or diane.oshima@sfport.com

The Central Waterfront Advisory Group (CWAG) meets monthly on an as-needed basis, generally on the third Wednesday of the month from 5 to 7 p.m. in the Bayside Conference Room at Pier 1. Contact Mark Paez @ 415-705-8674 or mark.paez@sfport.com

The Southern Waterfront Advisory Committee (SWAC) meets at the last Wednesday of the month as needed from 6:00 to 8:00 p.m. Location to be determined. Contact David Beaupre @ 415-274-0539 or david.beaupre@sfport.com

The Waterfront Design Advisory Committee (WDAC) meets, as needed, jointly with the Design Review Board of the Bay Conservation and Development Commission on the first Monday of the month at BCDC, 50 California Street, Rm. 2600, at 6:30 p.m.  The Committee meets as needed on the fourth Monday of the month at 6:30 p.m. in the Bayside Conf. Rm. @ Pier 1. Contact Dan Hodapp @ 415-274-0625 or dan.hodapp@sfport.com
ACCESSIBLE MEETING INFORMATION POLICY
FERRY BUILDING:
The Port Commission Hearing Room is located on the second floor of the Ferry Building. The main public entrance is from the west (Embarcadero) side and is served by a bank of elevators adjacent to the historic staircase. Accessible public restrooms are on the first floor at the northeast end of the building as well as on the second floor across the lobby from the Port Commission Hearing Room. The main path of travel to the Port Commission Hearing Room is equipped with remote infrared signage (Talking Signs). The Port Commission Hearing Room is wheelchair accessible. Accessible seating for persons with disabilities (including those using wheelchairs) is available.

The closest accessible BART and MUNI Metro station is Embarcadero located at Market & Spear Streets. Accessible MUNI lines serving the Ferry Building area are the F-Line, 9, 31, 32 and 71. For more information about MUNI accessible services, call (415) 923-6142. The nearest accessible parking is provided in the following off-street pay lots: 3 spaces in the surface lot on the west side of the Embarcadero at Washington Street.

Hourly and valet parking is available in the Pier 3 lot. This lot is accessed through the Pier 3

bulkhead building entrance on the east side of the Embarcadero. This lot is located on the pier deck; adjacent to the ferry boat Santa Rosa. Additional covered accessible off-street pay parking is available in the Golden Gateway Garage, which is bounded by Washington, Clay, Drumm and Battery Streets. Entrance is on Clay St. between Battery and Front Streets. There is no high-top van parking. Metered street parking is available on the Embarcadero, Washington, Folsom & Drumm Streets.

In order to assist the City’s efforts to accommodate persons with severe allergies, environmental illness, multiple chemical sensitivity or related disabilities, attendees at public meetings are reminded that other attendees may be sensitive to various chemical based products. Please help the City to accommodate these individuals.

Accessible Meeting Information:
In order to assist the City’s efforts to accommodate persons with severe allergies, environmental illness, multiple chemical sensitivity or related disabilities, attendees at public meetings are reminded that other attendees may be sensitive to various chemical based products. Please help the City to accommodate these individuals.

Disability Accommodations:
To request assistive listening devices, sign language interpreters, readers, large print agendas or other accommodations, please contact Wendy Proctor, Port’s ADA Coordinator at (415) 274-0592 or via email at wendy.proctor@sfport.com or Amy Quesada, Port Commission Affairs Manager, at (415) 274-0405 or via email at amy.quesada@sfport.com at least 72 hours in advance of the hearing. The Port’s TTY number is (415) 274-0587.

Language Assistance
311 Free language assistance / 免費語言協助
/ Ayuda gratuita con el idioma / Бесплатная помощь переводчиков / Trợ giúp Thông dịch Miễn phí / Assistance linguistique gratuity / 無料の言語支援 / 무료 언어 지원 / คว“ ว “งภ“ษ“ ’ ค / Libreng tulong para sa wikang Tagalog

To request an interpreter for a specific item during the hearing, please contact Port’s Language Access Liaison, Matthias Giezendanner at (415) 274-0471 or email him at matthias.giezendanner@sfport.com at least 48 hours in advance of the hearing.
SPANISH:

Agenda para la Comisión de  Planificación. Si desea asistir a la audiencia, y quisiera obtener información en Español o solicitar un aparato para asistencia auditiva, llame Matthias Giezendanner al 415-274-0471. Por favor llame por lo menos 48 horas de anticipación a la audiencia.

CHINESE:

規劃委員會議程。聽證會上如需要語言協助或要求輔助設備,請致電Matthias Giezendanner 415-274-0471。
請在聽證會舉行之前的至少48個小時提出要求。

TAGALOG:

Adyenda ng Komisyon ng Pagpaplano. Para sa tulong sa lengguwahe o para humiling ng Pantulong na Kagamitan para sa Pagdinig (headset), mangyari lamang na tumawag kay Matthias Giezendanner sa 415-274-0471. Mangyaring tumawag nang maaga  (kung maaari ay 48 oras) bago sa araw ng Pagdinig.
RUSSIAN:
Повестка  дня  Комиссии  по  планированию.  За  помощью  переводчика  или  за  вспомогательным  слуховым  устройством  на  время  слушаний  обращайтесь  по  номеру Matthias Giezendanner 415-274-0471.  Запросы  должны  делаться  минимум  за 48  часов  до  начала  слушания.

NOTICES

Know Your Rights Under the Sunshine Ordinance:
Government’s duty is to serve the public, reaching its decisions in full view of the public.  Commissions, boards, councils and other agencies of the City and County exist to conduct the people’s business.  This ordinance assures that deliberations are conducted before the people and that City operations are open to the people’s review.  For more information on your rights under the Sunshine Ordinance (Sections 67.1 et seq. of the San Francisco Administrative Code) or to report a violation of the ordinance, contact the Sunshine Ordinance Task Force, 1 Dr. Carlton B. Goodlett Place, Room 244, San Francisco CA 94102-4689; by phone at (415) 554-7724; by fax at (415) 554-7854 or by email at sotf@sfgov.org. Citizens can obtain a free copy of the Sunshine Ordinance by printing Sections 67.1 et seq. of the San Francisco Administrative Code on the Internet, at http://www.sfgov.org/sunshine.

Prohibition of Ringing of Sound Producing Devices:
The ringing of and use of cell phones, pagers, and similar sound-producing electronic devices are prohibited at this meeting.  Please be advised that the Chair may order the removal from the meeting room of any person(s) responsible for the ringing or use of a cell phone, pager, or other similar sound-producing electronic device.

Lobbyist Registration and Reporting Requirements:
Individuals and entities that influence or attempt to influence local legislative or administrative action may be required by the San Francisco Lobbyist Ordinance (SF Campaign & Government Conduct Code Sections §2.100 – 2.160) to register and report lobbying activity. For more information about the Lobbyist Ordinance, please contact the San Francisco Ethics Commission at 30 Van Ness, Suite 3900, San Francisco, CA 94102, phone (415) 581-2300 or fax (415) 581-2317; web site: www.sfgov.org/ethics.
CEQA Appeal Rights under Chapter 31 of the San Francisco Administrative Code:
If the Commission approves an action identified by an exemption or negative declaration as the Approval Action (as defined in S.F. Administrative Code Chapter 31, as amended, Board of Supervisors Ordinance Number 161-13), then the CEQA decision prepared in support of that Approval Action is thereafter subject to appeal within the time frame specified in S.F. Administrative Code Section 31.16. Typically, an appeal must be filed within 30 calendar days of the Approval Action. For information on filing an appeal under Chapter 31, contact the Clerk of the Board of Supervisors at City Hall, 1 Dr. Carlton B. Goodlett Place, Room 244, San Francisco, CA 94102, or call (415) 554-5184. If the Department’s Environmental Review Officer has deemed a project to be exempt from further environmental review, an exemption determination has been prepared and can be obtained on-line at http://sf-planning.org/index.aspx?page=3447. Under CEQA, in a later court challenge, a litigant may be limited to raising only those issues previously raised at a hearing on the project or in written correspondence delivered to the Board of Supervisors, Planning Commission, Planning Department or other City board, commission or department at, or prior to, such hearing, or as part of the appeal hearing process on the CEQA decision.

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